ATHENS, Ga. — A judge has ruled to allow a hearing that would argue for the exclusion of DNA evidence for the suspect accused of killing a nursing student on University of Georgia's campus back in February.
Jose Ibarra's lawyers filed a motion to exclude evidence and expert opinion that concerns DNA evidence produced by a genetics company, TruAllele Casework Software. The court calendar shows a hearing is scheduled for Friday, Oct. 11. It also shows one for Nov. 1 where the defendant and the state are expected to hear motions.
Ibarra, 26, is accused of killing Augusta University nursing student Laken Riley, 22, on UGA's campus on the morning of Feb. 22. According to authorities, Riley had gone for a run and when she didn't return, a concerned friend called campus law enforcement. UGA Police discovered her body with "visible injuries" in the forested area by Lake Herrick.
Prosecutors had previously announced DNA evidence against Ibarra, which included a thumbprint from Riley's phone, DNA from her fingernails, as well as video footage.
“Laken Riley called 911 from her cellular telephone,” prosecutors wrote in a court filing last month. “That 911 call – the last outgoing call from Laken Riley’s cellular telephone – was disconnected by Defendant Ibarra.”
11Alive previously obtained court documents from the Superior Court of Athens-Clarke County. The court records, dated Oct. 1, show a motion for continuance -- a formal request to delay a court hearing, trial or other scheduled proceeding -- was requested.
"Neither Defendant, nor the State have been provided the underlying data concerning DNA testing in this case despite repeated requests by both," the motion states. "Without that data, Defendant, cannot properly evaluate whether scientific methods were properly applied to this case."
In the motion, the State said it did not oppose the continuance.
Ibarra's trial is currently set to begin in November. He has pleaded not guilty and is facing the following charges in the case:
Jose Ibarra full charges in Laken Riley's death
- Malice murder
- Felony murder
- Felony murder
- Felony murder
- Kidnapping with bodily injury
- Aggravated assault with intent to rape
- Aggravated battery
- Obstruction or hindering a person making emergency telephone call
- Tampering with evidence
- Peeping Tom
11Alive plans to stream Friday's hearing on 11Alive+, which viewers can find on their Fire TV, Roku or Apple TV devices.
